Description
Book SynopsisThis
Research Handbook provides a comprehensive and up-to-date analysis of the international law of jurisdiction and immunities, illustrating those aspects in which the law of jurisdiction and law of immunities are mutually interdependent, as well as shedding light on the implications of that interdependence. With authoritative contributions from recognized experts, it offers an impartial perspective on the applicable international law, independent from any positions held in governmental or other institutional circles.
Authoritative and well-structured, the book covers all major topics in relation to jurisdiction and immunities, such as conceptual justifications for jurisdiction and immunities, extra-territorial jurisdiction, types of available immunities, normative basis for jurisdiction and immunity claims in various types of judicial proceedings. It explores the complex questions arising when a state asserts its jurisdiction over persons that are based abroad, or are not that state's citizens, or otherwise have no connection with that state, as well as how tensions are further heightened when one state tries to assert jurisdiction, in its own courts, over another state or an international organization such as the UN.
This much-needed Handbook will appeal strongly to academic researchers and postgraduate students. Civil servants and employees of international organizations and NGOs will also find it an invaluable resource.
Contributors: J.C. Barker, R. Cryer, E.H. Franey, R. Garnett, F. Larocque, A. Orakhelashvili, C. Ryngaert, A. Sari, Y. Tanaka, X. Yang, S. Yee
Trade Review'Jurisdiction is about the reach of power; immunities are about the restriction of such power. There are few more fundamental, important, or pervasive topics in international law. Yet, jurisdiction and immunities have not received the treatment that they deserve. Comprehensive and balanced, allowing the reader to delve deeply into specific subjects or draw connections among seemingly disparate areas, there is no better survey of this critical field than this Research Handbook.' --Jacob Katz Cogan, University of Cincinnati, College of Law, US
Table of ContentsContents: 1. State Jurisdiction in International Law: Complexities of a Basic Concept Alexander Orakhelashvili 2. The Concept of Jurisdiction in International Law Cedric Ryngaert 3. Universal Jurisdiction: Concept, Logic and Reality Sienho Yee 4. Jurisdiction of States and the Law of the Sea Yoshifumi Tanaka 5. State Immunity from Jurisdiction between Law, Comity, and Ideology Alexander Orakhelashvili 6. Shared Foundations and Conceptual Differentiation in Immunities from Jurisdiction J Craig Barker 7. Immunity from the Criminal Jurisdiction of National Courts Elizabeth Helen Franey 8. The UK State Immunity Act 1978: History, Scope and Relation to International Law Alexander Orakhelashvili 9. Treaties on State Immunity: the 1972 and 2004 Conventions Alexander Orakhelashvili 10. Foreign State Immunity: A Private International Law Analysis Richard Garnett 11. The Status of Armed Forces in Public International Law: Jurisdiction and Immunity Aurel Sari 12. Immunity from Execution Xiaodong Yang 13. Torture, Jurisdiction and Immunity: Theories and Practices in Search of One Another François Larocque 14. Immunities and International Criminal Tribunals Robert Cryer 15. Jurisdictional Immunity of International Organisations: from Abstract Functionality to Absolute Immunity Alexander Orakhelashvili Index
